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KIM CARROLL, THALES COMMUNICATIONS, INC

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Released: December 8, 2009
Federal Communications Commission
Washington, D.C. 20554
December 8, 2009
DA 09-2560
Kim Carroll
Contracts Business Manager
Thales Communications, Inc.
22605 Gateway Center Drive
Clarksburg, MD 20871
RE: TMR8092 HF SSB Transceiver Request for Waiver
Dear Ms. Carroll:
We have before us your letter, on behalf of Thales Communications, Inc. (Thales), requesting a
waiver of the Commission's Rules to permit equipment authorization for Thales’s product, the TMR8092
HF SSB Transceiver (TMR8092).1 Specifically, Thales requests waivers of Sections 87.131 and 87.173
of the Commission’s Rules2 because the TMR8092 supports modulation types and frequencies that are
not authorized under Part 87. For the reasons set forth below, we deny the waiver request.
The TMR8092 currently is used only by Federal Government agencies, so FCC equipment
authorization has not been required.3 You state that a commercial aircraft manufacturer has approached
Thales to procure a TMR8092 for use at an aircraft test facility to communicate with aircraft using analog
USB voice communications (emission J3E), and that the aircraft manufacturer requested that Thales
pursue FCC equipment authorization for the device.4
Section 87.173(b) lists specific frequencies and bands that are authorized for Part 87 operations.5
In contrast, the TMR8092 tunes over the entire 1.5-29.999999 MHz band, to support Federal Government
usage.6 Section 87.131 specifies the authorized emissions for HF flight test land stations (including J3E).7
The TMR8092 supports many additional modulation types.8 You indicate that the commercial aircraft


1 Letter dated Sept. 29, 2009 from Kim Carroll, Contracts Business Manager, Thales to Federal Communications
Commission (Request).
2 47 C.F.R. §§ 87.131, 87.173.
3 Request at 1; see 47 C.F.R. § 2.807(d).
4 See Request at 1.
5 See 47 C.F.R. § 87.173(b).
6 See Request at 1.
7 See 47 C.F.R. § 87.131. Specifically, H2B, J3E, J7D, and J9W.
8 See Request at 1-2.

Kim Carroll
Page 2
manufacturer does not intend to use these non-Part 87 frequencies and modulation types, but modification
of the firmware to block these frequencies and modulation types would be prohibitively expensive.9
Consequently, Thales seeks a waiver to permit FCC equipment authorization for the TMR8092.
Section 1.925 of the Commission's Rules provides that we may grant a waiver if it is shown that
(a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the
instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or
unusual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or contrary to
the public interest, or the applicant has no reasonable alternative.10 Thales has not justified a waiver
under this standard. It has not explained why the commercial aircraft manufacturer cannot use available
equipment that complies with Part 87. Nor has Thales explained how it can guarantee that the
commercial aircraft manufacturer (or any subsequent owner of the equipment) would use only authorized
frequencies and modulation types.11 That Thales would incur some unspecified expense to bring the
TMR8092 into compliance with the Commission’s rules does not justify a waiver.12 We therefore deny
the waiver request.
Accordingly, IT IS ORDERED that the waiver request of Thales Communications, Inc., dated
September 29, 2009, IS DENIED.
This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau


9 See id. at 2.
10 47 C.F.R. § 1.925(b)(3); see also WAIT Radio v FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969).
11 See Telex Communications, Inc., Order on Reconsideration, 22 FCC Rcd 1250, 1252 ¶ 6 (WTB MD 2007).
12 See Domtar Industries, Inc., Order, 22 FCC Rcd 574, 576 ¶ 7 (WTB MD 2007).

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